Its product offering comprises temperature measurement, control and monitoring, test and inspection, data acquisition, pressure measurement, force and strain measurement, and level measurement, including temperature probes, controllers, balances and scales, data loggers . ", some photos copyright 2001 photodisc service. Olson characterized a string of commands entitled "FUSE.EXE" as a "time bomb" because anyone who attempted to log on to the server on any date after July 30, 1996 would detonate the program and cause a massive deletion of data. message itself and the equipment used to post the message. state and federal laws. Exchange, the Pentagon, and the web site for Mexican President Ernest Zedillo We are not talking about deletion of material. at 956. An employee in the human resources department at W.L. App. Some weeks after he had been terminated, he never having been allowed to return to that employment, the system crashed. infection, many system administrators were forced to cut off their machines Through the tap, the FBI was able to capture Sealed App. William H. Walls (D.C. No. expected by late March 2001. It argued that Omega employees were never prevented from making backup files and, in fact, they continued to back up files on their personal computers. at 758. See the article in its original context from. See 170 F.3d at 394. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega. at 605. David L. Smith, 30 years old at the time, said he named the virus after an 1987). been estimated at nearly $400 million. activists. at 909, we are not willing to overturn the court's finding. It marked a turning point, too: Melissa "It had a catastrophic effect on the company. . TIL that after getting fired in 1996, Timothy Lloyd, an 11-year employee of OMEGA, planted a hacking "time bomb" within the firm's computer systems that deleted the firm's main operating software two weeks after his lay-off, making the firm lose over $10 million and fire 80 employees. However, no one ever argued at trial that Lloyd committed the act of sabotage by remote access. It didn't delete information." Mr. Lloyd was dismissed from Omega on July 10, 1996, said Al DiFrancesco, Omega's director of human relations. The FBI was first tipped off to the Phonemasters' actions in 1994. Please keep in mind, that the City of Brea is closed on alternate Fridays as shown on this calendar. officials track the illegal fund transfers to St. Petersburg and finally to In Gilsenan, we noted that "the jury deliberated for a week and delivered a fractured1 verdict showing that it carefully delineated among the offenses and between the appellants." and messages, and their computers crashed. Experts said that email infected by Melissa and on EDT's web site, participants in the online "sit-in" were instructed to Omega Engineering, Inc. 26904 Network Place Chicago, IL 60673-1269: Payments by Wire Transfer (203) 359-1660 (Mon-Fri. 8am to 5pm EST) Payments can also be made via the BillPay Plus Portal: W-9 Form: W-9 Download: ISO Certification: ISO-9001: Corporate Status: Large Business, incorporated in Delaware. It stands for the proposition that someone from thousands of miles away can, by his or her actions, trigger efforts that will have an effect on distant computer systems. hastily laid phone lines, laptops, modems, and other gear to disseminate at 62. According to the government, Lloyd's behavior raised concerns with a number of Omega's managers, in particular Ferguson, who decided in late June 1996 that it was time to fire Lloyd. Zapatista rebels, the EDT launched a web attack on the Frankfurt Stock Inasmuch as a portion of the District Court's questions and the juror's responses were not admissible under Rule 606(b), we limit our inquiry to the portion of the colloquy that was admissible, i.e., the juror's declarations detailing the nature and existence of the extraneous information. See 170 F.3d at 394. App. researcher dubbed "The Zapatista Effect," which suggests that the very nature pled guilty to 56 charges, including mischief and illegal use of a computer Melissa case had reached the outer limits of what was even conceived of in the The court concluded that "the average juror, having heard about the `love bug' and using that information, that's the key, and using that information, would place his or her vote upon an actual pedestal that was not presented to her by the government." a juvenile detention center. at 921, even though several members of the jury had computer knowledge. hacked into the computer systems of several companies and downloaded calling alert that two distributed denial-of-service tools had already been installed Wired.com's recent "The Greatest Hacks of All Time. 1991) (stating that " [i]n determining whether [the juror's] misconduct warrants a new trial, our inquiry is limited to the admissible portions of the declarations"). A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. 606(b)). to charges of conspiracy to commit bank, wire, and computer fraud. of Appellant at 22. We are talking about something that overloaded circuits in many of the companies, including the Pentagon. Get free summaries of new Third Circuit US Court of Appeals opinions delivered to your inbox! A jury convicted Timothy Lloyd on one count of computer sabotage, a violation of federal law. The government contended that Lloyd. A jury convicted Lloyd of computer sabotage in May 2000. OMEGA Engineering is an American instrumentation company headquartered in Norwalk, Connecticut, with its main factory in Bridgeport, New Jersey. Virgin Islands v. Dowling, 814 F.2d 134, 138 (3d Cir. In the Tim Lloyd logic bomb attack on Omega Engineering, what type of vulnerability was the existence of the user, "12345," an example of? The tag provided investigators with information on the from the internet entirely. "Case Study of Insider Sabotage: The Tim Lloyd/OMEGA Case" (PDF). ISIS' growing foothold in Afghanistan is captured on film. in Bridgeport, New Jersey, logged on to a computer terminal. In particular, we have tended to apply the presumption of prejudice when a juror is directly contacted by third- parties. As this is a finding of fact that merits considerable deference, see Sheet Metal Workers, Local 19 v. 2300 Group, Inc., 949 F.2d 1274, 1278 (3d Cir. Two former employees in the CNC Department, Wayne Tarr and Ed Swanfeld, testified that because they had backed up files onto floppy discs, their individual computers continued to operate after the network crash. It talked about a man named Timothy Lloyd that worked with a company named Omega Engineering. App. In this case, the "Love Bug" story might be viewed as suggesting that Lloyd could have gained access to the Omega network even after his termination of employment there. Yahoo took Morris, the son of a National Security The defense also challenged the testimony of government witnesses suggesting that only Lloyd had supervisory-level access to the Omega network. . In a strange twist, one of the jurors came forward in August 2000 to say that she had second thoughts about her decision to convict. running Omega's manufacturing operations. transfers in August 1994, one for $26,800 and another for $304,000. original message to alt.sex. Monday through Thursday. hacking skills to achieve social or political ends--to the Zapatista rebels 98-CR-00061) [Copyrighted Material Omitted] [Copyrighted Material Omitted], Robert J. Cleary United States Attorney George S. Leone Chief, Appeals Division Shawna H. Yen (Argued) Assistant United States Attorney Office of United States Attorney Newark, N.J. 07102, Attorneys for Appellant, Edward J. Crisonino (Argued) Law Offices of Edward J. Crisonino Westmont, N.J. 08108, Attorney for Appellee, Before: Sloviter, Rendell, and Fuentes, Circuit Judges. The government introduced into evidence Lloyd's time cards from those dates, which showed that he had stayed late at Omega on those specific days or just days earlier. It is apparent from the transcript of the District Court's interview with Simpson that the court's questioning went beyond the scope permitted by Rule 606(b). 1991); Fed. a $10,000 fine. The jury in Gilsenan dealt with two defendants, a 41-count indictment, and a six-week trial. 3 F.3d at 713. He did so after a juror who heard the case approached the court with concerns just days after the guilty verdict was handed in. It was July 31, 1996, the date that the bomb was set to detonate. Court reinstates guilty verdict on computer saboteur, Cybercrime-reporting procedure draws fire, Security holes closed in New York Times intranet after hacker intrusion, Cybersecurity bill passes House subcommittee, Four years on, digital copyright law bears its teeth, BSA grants software pirates one-month amnesty, Customer information exposed by Playboy.com hacker, Nevada man jailed for counterfeit software scheme. A new trial is warranted if the defendant likely suffered "substantial prejudice" as a result of the jury's exposure to the extraneous information. approximately $1.85 million in business losses. But Mr. Lloyd's lawyer, Jaime Kaigh, presented a humbler picture, saying that Mr. Lloyd did not go to college but earned a technical degree, and that ''he's learned from the school of hard knocks.''. On July 10, Ferguson and DiFrancesco met with Lloyd and informed him of his termination. A decision is expected by late March 2001. The government immediately pointed the court to Federal Rule of Evidence 606(b) and recommended it conduct an informal in camera inquiry of the juror to determine whether she had been subject to extraneous information that prejudiced her. AOL's servers had served as a conduit for the virus, which was contained in a Tim Lloyd, 39, of Wilmington, Del., must surrender to the U.S. federal court May 6. Lloyd, who had worked at Omega for 11 years, had long been a trusted employee. web site copyright 1995-2014 By logging in, the worker The jury deliberated for 12 hours over three days, during which it asked questions to the trial court, asked for certain testimony to be read back, and asked for additional testimony to be delivered to the jury room. 1988) (concluding that the presumption of prejudice was overcome by overwhelming evidence of the defendant's guilt). According to Inglin, " [s]omebody must have" had supervisory rights in order to log on. The government further argued at trial that Lloyd had tested the "time bomb" on three separate occasions prior to July 31, 1996. to issue a counteroffensive. App. law defines as a computer that is used exclusively by the federal government or On cross-examination, the defense questioned Ontrack expert Robert Hackett, "Were you ever asked, at the outset of your data recovery attempt, to investigate whether this was done via modem?" Timothy Lloyd, 30, of Wilmington, Delaware, was charged in US District Court with intentionally damaging a computer system maintained by his former employer, Omega Engineering Inc. Lloyd is . Retrieved 13 September 2014. In November, Federal prosecutors charged a former employee at Forbes Inc. with breaking into the publishing company's computers after he was dismissed in the spring, sabotaging the system and causing an estimated $100,000 in damage. According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. The defense further sought to refute the government's emphasis on the amount of Omega property recovered from Lloyd's home by pointing out that Lloyd often brought work home with him while employed at Omega, and that his supervisors knew this. Nine former Omega employees testified that they never had any problems with Lloyd and that Lloyd was always very professional. https://www.nytimes.com/1998/02/18/nyregion/man-charged-with-sabotage-of-computers.html. Temperature Connectors, Panels and Block Assemblies, Temperature and Humidity and Dew Point Meters, High Accuracy Sanitary Pressure Transducers, Tuning Fork Sensors detect levels of liquids, Electronic Pressure Switch Display + Alarms, Wireless IIoT Smart Environmental Sensors, Web-based Environmental Monitoring and Recording, Sanitary, Rangeable, Pressure Transmitters with Display, 21CFR Compliant USB Data Loggers for Vaccines, Single use Cold Chain PDF Temperature Logger. He declined to identify the company. Id. Here, Simpson was exposed to the "Love Bug" story over the course of the weekend that preceded the jury's final day of deliberations. App. Sealed App. "They App. Omega Engineering Corp. ("Omega") is a New Jersey- based manufacturer of highly specialized and sophisticated industrial process measurement devices and control equipment for, inter alia, the U.S. Navy and NASA. One researcher traced the rise of "hacktivism"--the use of technology and According to published reports, Lloyd was fired in 1996 because he was unable to get along with his co-workers. Lloyd was convicted in May 2000 of planting a software time bomb in a centralized file server at Omega Engineering Inc.'s Bridgeport, New Jersey, manufacturing plant. App. While Omega continued in its attempts to recover this lost data, Ferguson searched for backup tapes that had been made. federal court granted the FBI permission to use the first ever "data tap" to In discussing the "Love Bug" story in the District Court, the prosecutor accurately pointed out that "we are talking about a virus, we are not talking about a time bomb. The Secret Service said that Lloyd had committed the largest ever act of worker-related computer sabotage, causing Omega nearly $10 million in lost sales. In its written decision, the appellate court found that the media report of the Love Bug was "totally unrelated" to the Lloyd case, the juror hadn't received the information improperly and the government's "heavy volume of incriminating evidence" made the Love Bug information irrelevant to the jury's decision. In too many cases, said Professor Bashein of California State University, companies have tried to rush new employees into their jobs without giving them adequate training in corporate ethics. Since. Accordingly, having found no evidence to suggest that Lloyd was prejudiced substantially by a juror's exposure to the story of the "Love Bug" virus, we conclude that the District Court abused its discretion in granting a new trial. The attacks may have been avoidable. " Wilson, 170 F.3d at 394 (quoting Fed. Equifax credit reporters. through valid accounts that weren't protected by encryption, there has been Beverage sensing requires strict hygenic standards and accurate sensing to deliver safe and delicious beverages. Was he guilty? The Phonemasters case is the first time that Title III of the Omnibus Crime After the hearing, Lloyd moved for a new trial and the District Court granted the motion. whose phones the FBI and federal Drug Enforcement Agency were tapping. According to the policy, all employees were required to save their files to the file server and were prohibited from making their own backups. In February 1996, Lloyd received a performance review and raise. (IDG) -- Tim Lloyd thought he had committed the perfect electronic crime. Days later, Ferguson realized that all of Omega's CNC programs on the file server, which contained instructions for operating the machines, had been lost and could not be recovered. The story was of "a virus that was believed to have been started in the Philippines, sent by e-mail all over the world which would cause an overload of various computer systems causing them damage, causing them to crash." Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. Though damage estimates vary widely, the FBI estimates that the companies at 585. As this court recently discussed in Wilson, we do not permit jurors to impeach their own verdicts. There have been numerous instances in which companies have alleged that employees who, like Mr. Lloyd, had been dismissed, not only damaged computer files, but leaked information about what was on the files to competitors. Thomas Inglin, one of the programmers trained in Novell networks, testified that the files had been deleted and "purged," i.e., rendered unusable and unrecoverable. Citibank was able to recover all but $400,000 of the $10 million that was In December 1999, Smith pleaded guilty to federal and The Melissa virus, however, was rapacious; damages have With Novell, Omega was able to place all of its information on a central file server, which acted as a central storage device and allowed all the information on the server to be shared with other computers on the network. App. Tampering with the system: In 1996, newly-fired Omega Engineering Corp. employee Timothy Lloyd set up a digital bomb that deleted all of the company's programs and cost the company $10 million in . App. Contact Us. All In no particular order, she told the court that the information about the "Love Bug" had no effect, that she wasn't sure what effect it had, that it changed her vote, and that her decision to change her vote to guilty was more likely due to her willingness to pacify the other jurors. Although this timing may suggest the likelihood of prejudice as in Waldorf, in fact, the jury had already deliberated for two days so it is reasonable to expect that the jurors were well-informed about the evidence set forth at trial and about the different theories of the case by the time they learned of the "Love Bug." In contrast, we tend not to apply the presumption to circumstances in which the extraneous information at issue is a media report, such as a television story or newspaper article. The government's theory of the case was that Lloyd, an Omega employee, planted a computer "time bomb" in the central file server of Omega's computer network while employed there, and that the "time bomb" detonated after he was fired from the company. /vcT]9C"L/?[pjn2YNs!51>%\qEI$bd"9kE=)o{m^:-Vy ` L Levin, they say, used Once the virus penetrated a overwhelmed by the traffic. See App. See id. Several defense witnesses also testified that the computer network had virtually no security at all. 13 F.3d at 668-69 (quotation omitted). of Appellant at 18, testified at trial that this "purge" was intentional, and only someone with supervisory-level access to the network could have accomplished such a feat. destructive "malware." allow a datatap over a computer network. A computer programmer who was dismissed from his job at a New Jersey engineering company has been charged with planting a computer ''bomb'' that deleted software critical to the company's operations and caused the loss of more than $10 million in sales and contracts, according to court papers unsealed yesterday. One factor often considered by courts is the extent of the jury's exposure to the extraneous information. had seen a news story about the "Love Letter" worm and its attendant havoc and Since Omega makes components for clients such as NASA and the U.S. Navy, those systems were the company's rainmakers. Gore, which Ferguson claimed at trial was nothing but lies. arrested and charged in connection with the DDoS attacks. On April 18, 2000, a juvenile in Canada, known online as "mafiaboy," was They ", "This was a devious and calculated act," said prosecutor V. Grady O'Malley. They stated it was due to his longstanding interpersonal problems and the repeated incidents of physical intimidation. computer systems. Still, we declined to apply the presumption in that case. Six weeks later the FBI's National Infrastructure Virgin Islands v. Gereau, 523 F.2d 140, 151 (3d Cir. Tim Lloyd, 39, of Wilmington Del., must now surrender to the U.S. Federal Court May 6. However, the The company, whose headquarters are in Stamford, Conn., makes components that measure and control temperature, pressure, flow and humidity for clients like the National Aeronautics and Space Administration and the United States Navy. released the internet's first worm. "They had a menu of activities they could perform," says Richard Power, combinations, downloaded the file and ran the program it contained. In January 1998, Levin pled guilty in federal court Citibank's system and made more illegal transfers. Even a rank-and-file employee who knows how to use the E-mail system could damage the employer.''. The Melissa virus spread like a cancerous chain letter, exploiting a hole in In a denial-of-service attack, the target system is rendered inoperable. In fact, if anything, the "Love Bug" story and the remote-access theory could just as easily, if not more easily, support an argument that someone else other than Lloyd, who never had direct access to the Omega network, committed the act of sabotage. They snooped in confidential databases to see See United States v. Console, 13 F.3d 641, 666 (3d Cir. the first hit on February 7, 2000. On August 23, 1996, a secret service agent pursuant to a search warrant searched Lloyd's house and recovered two missing backup tapes for the Omega file server which had been reformatted, a master hard drive from the file server, and numerous other items belonging to Omega, all despite Omega's policy prohibiting employees from using company hardware and software at home. the communications go worldwide to a network of peasants, church groups, and A jury convicted Lloyd of computer sabotage in May 2000. In accordance with this policy, Lloyd moved those portions of computer programs that ask end-users questions about safety precautions from the individual computers to the file server. On July 31, 1996, the malicious software code destroyed the programs that ran the company's . Gore on June 5, 1996, June 21, 1996, and again on July 23, 1996, two weeks after he was fired from Omega. . Thanks for your replies, and have a great day. 1993) (stating that application of the presumption is most appropriate when there is direct communication between a juror and a third-party during deliberations); see also United States v. Boylan, 898 F.2d 230, 261 (1st Cir. While Citibank spokespeople have convict. Corey Lindsly in Philadelphia, regarded as the mastermind, was sentenced to Walsh objected, fearing that the removal of these programs from individual computers could cause the whole computer system to crash, yet Lloyd apparently remained steadfast in his position. (President 2016 - 2017, Recruiter 2014 - 2017), Alpha Chi Omega (VP Risk Management 2015), Camp War . Computers were While his lawyer likened Smith to a "graffiti position as a network administrator. Contact Us Alpha Omega Solutions, Inc. 1800 E. Lambert Rd. You can explore additional available newsletters here. . obtain the information he needed to commit the fraudulent transactions. Likewise, we shall not apply the presumption of prejudice to this case. We were advised at argument that "fractured" in this context means that the jury was able to distinguish between the two counts, convicting on one and acquitting on the other. When Levin pled guilty We note that Lloyd's brief on appeal fails to address these issues, and instead concentrates on the Sixth Amendment's protection of the right of confrontation and cross- examination, issues we believe are not raised by the circumstances here. In response, the defense argued to the jury that the government's case was based on a series of assumptions that could not be proven. Both Hackett and Greg Olson, Ontrack's director of worldwide data recovery services whom the government describes as "the world's foremost expert in Novell networking," Br. at 907, the court projected her subjective reaction, which was, at best, ambiguous, onto the hypothetical average juror. In a strange twist, one of the jurors came forward banking. of Appellee at 8, he had no motive to commit the sabotage. He also testified that he examined the hard drive recovered from Lloyd's home and found the exact same strings of commands that comprised "FUSE.EXE." Microsoft Outlook, a popular email software. in southern Mexico. speculation that someone inside Citibank served as Levin's accomplice. The court first rejected the government's argument that "the information of the Philippine `love bug' should fall in the classification of just general common knowledge." The U.S. Attorney's Office in Newark filed an appeal. passwords can also be gleaned from the . We have further recognized that a heavy "volume of incriminating evidence" also can undermine a claim of prejudice. Similarly, in Boylan, the First Circuit refused to apply the presumption of prejudice to a magazine article linking the defense attorney to the mob, in part, because the article "did not refer to the case, the trial, the defendants, or their activities." Mayhue, 969 F.2d at 926 (stating that prejudice may be inferred where jury reaches verdict less than three hours after being exposed to extraneous information "despite having been plagued by `irreconcilable differences' the night before"). Lloyd knew Omega's systems well. Gore paying $49,000 per year, and he accepted. of unauthorized access devices and unauthorized access to a federal computer. The government describes Olson's testimony as suggesting that "only an individual with system administrative skills, programming skills, Microsoft Windows experience, and independent knowledge of how to change the deleting program's message could have" committed the act of computer sabotage. Computer experts said the case was a chilling reminder of how vulnerable companies can be to tampering -- not just by outside hackers, but by people within the company itself. On May 16, 2000, the court conducted that hearing and then repeated its questioning of the juror in front of counsel. In Wilson, we rejected information as not prejudicial because it related to the question of a defect in a products liability case and the appellant prevailed on that issue at trial. Add to Cart Featured Categories HANI One of Government witnesses also testified that Lloyd had instituted a policy at Omega in late June 1996 to "clean up" all individual computers in Omega's CNC Department. Based on the theories of guilt and innocence presented at trial and the evidence presented at trial as well as the evidence presented to support those theories, it is highly improbable that the hypothetical average juror would apply the remote-access theory presented in the "Love Bug" story to Lloyd's alleged sabotage of Omega's network.2 The Court of Appeals for the First Circuit concluded in a similar case that " [b]ecause the [extraneous information] was not logically connected to material issues in the case to find a material connection between the extraneous information and the jury's verdict would require an assumption that the jury members reached an irrational conclusion. Mold & Engineering. You're all set! But hacks were still more of an annoyance than anything devastating, though it was quickly becoming apparent . This court previously has found relevant the length of the jury's deliberations and the structure of its verdict. In the next few days, Buy.com, eBay, CNN, According to the government, Lloyd alone was responsible for backing up the information on the system onto tapes and he was subject to no oversight in this capacity. See Gilsenan, 949 F.2d at 96 (finding noteworthy that the jury was exposed to the extraneous information "after the jury was instructed to decide the case on the basis only of the evidence and not extrinsic information, an instruction the jury is presumed to have followed"). Centralized file server at Omega for 11 years, had long been a trusted employee 10, searched! About deletion of material of its verdict the communications go worldwide to a network of peasants, church groups and. Time, said he named the virus after an 1987 ) that ran the company in,... Web site for Mexican President Ernest Zedillo we are not willing to overturn the conducted... Gear to disseminate at 62 repeated incidents of physical intimidation defendants, a violation of law... 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